Open Bank Guarantee for the United States

Open Bank Guarantee Template for United States

An Open Bank Guarantee is a financial instrument issued by a U.S. banking institution that provides an irrevocable commitment to pay a specified sum to a beneficiary upon demand, subject to the terms and conditions stated in the guarantee. Operating under U.S. banking regulations and the Uniform Commercial Code, it serves as a standalone, primary obligation of the issuing bank, independent of the underlying commercial relationship between the applicant and beneficiary.

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What is a Open Bank Guarantee?

An Open Bank Guarantee is commonly used in commercial transactions where parties seek financial security for performance or payment obligations. This document, governed by U.S. banking laws and regulations, provides beneficiaries with a direct claim against a bank's credit standing. The guarantee typically includes specific terms regarding the trigger events for payment, validity period, and claim procedures. It differs from standby letters of credit in its format and certain operational aspects, though both serve similar purposes in securing commercial obligations.

What sections should be included in a Open Bank Guarantee?

1. Bank Details: Information about the issuing bank and its authority

2. Beneficiary Details: Complete information about the party receiving the guarantee

3. Guarantee Amount: Specific amount and currency of the guarantee

4. Purpose: Clear statement of what the guarantee covers

5. Validity Period: Start and end dates of the guarantee

6. Terms of Payment: Conditions under which the guarantee can be called

What sections are optional to include in a Open Bank Guarantee?

1. Automatic Extension Clause: Used when the guarantee might need to be extended automatically for long-term projects with uncertain completion dates

2. Partial Drawing Provisions: Allows for multiple partial draws against the guarantee, typically used when staged payments might be required

3. Counter-Guarantee Details: Information about any counter-guarantees, used when involving multiple banks or jurisdictions

What schedules should be included in a Open Bank Guarantee?

1. Form of Demand: Template for making a claim under the guarantee

2. Supporting Documents: List of required documents for guarantee activation

3. Payment Instructions: Detailed banking information for payments

4. Underlying Contract Reference: Details of the primary contract being guaranteed

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Construction

International Trade

Real Estate

Manufacturing

Government Contracts

Relevant Teams

Finance

Treasury

Legal

Procurement

Risk Management

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Risk Manager

Procurement Director

Industries

UCC Article 5: Uniform Commercial Code Article 5 governing Letters of Credit, which provides the primary legal framework for bank guarantees in the United States

Federal Reserve Regulation H: Regulation concerning bank supervision and membership requirements for state-chartered banks in the Federal Reserve System

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

USA PATRIOT Act: Federal law containing anti-money laundering provisions that affect bank guarantee transactions

OCC Regulations: Office of the Comptroller of the Currency regulations governing national banks and their banking activities including guarantees

FDIC Requirements: Federal Deposit Insurance Corporation requirements for insured banks engaging in guarantee activities

Federal Reserve Board Requirements: Requirements set by the Federal Reserve Board governing banking operations and risk management

State Banking Regulations: Individual state-specific banking regulations that may affect bank guarantee issuance and management

State UCC Modifications: State-specific adoptions and modifications to the Uniform Commercial Code that may affect bank guarantees

State Contract Laws: State-specific contract laws that govern the formation and enforcement of bank guarantees

ICC URDG: International Chamber of Commerce Uniform Rules for Demand Guarantees, relevant for international bank guarantees

ISP98: International Standby Practices, providing rules for standby letters of credit and bank guarantees

KYC Regulations: Know Your Customer regulations requiring banks to verify the identity of their clients

AML Requirements: Anti-Money Laundering requirements that banks must follow when issuing guarantees

Basel Committee Guidelines: International banking guidelines affecting capital requirements and risk management for banks issuing guarantees

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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